BILL ANALYSIS Ó
SB 1263
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Date of Hearing: June 28, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
1263 (Wieckowski) - As Amended June 20, 2016
SENATE VOTE: 21-13
SUBJECT: Public water system: permits
SUMMARY: Requires a person submitting an application for a
permit for a proposed new public water system to first submit a
preliminary technical report, with specified information, to the
State Water Resources Control Board (SWRCB) at least six months
before initiating construction of any water-related development.
Authorizes the SWRCB to deny a permit for a new public water
system under specified conditions. Specifically, this bill:
1)Establishes a requirement that prior to a person submitting an
application for a permit for a proposed new public water
system to first submit a technical report to the SWRCB at
least six months before construction.
2)Requires specific information to be included in the technical
report including an analysis of other public water systems
within three miles of the proposed new public water system and
the ability to connect to or utilize the resources from those
public water systems. Additionally, requires the technical
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report to include an analysis of all water supply for the
proposed new public water system and the ability to meet
20-year water demand under a variety of hydrologic conditions.
3)Authorizes the SWRCB to direct the applicant to engage in
negotiations to receive services from existing water systems.
4)Makes specified exemptions from the requirement an applicant
submit a technical report.
5)Subjects the ability of a local primacy agency to issue a
permit for a public water system to SWRCB oversight.
6)Prohibits a city or county from issuing a building permit for
new residential development where a water supply source is
water transported by a water hauler, bottled water, a
water-vending machine or a retail water facility.
EXISTING LAW:
1)Establishes the policy of the state that every human being has
the right to safe, clean, affordable, and accessible water
adequate for human consumption, cooking and sanitary purposes.
2)Vests the SWRCB with all of the authority, duties, powers,
purposes, functions and responsibilities, to enforce the State
Drinking Water Act (SDWA).
3)Prohibits any person from operating a public water system
unless he or she first submits an application to the State
Water Board and receives a permit.
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4)Requires the SWRCB, upon determination that an application for
a public water system is complete, to make a thorough
investigation of the proposed or existing plant, works,
system, or water supply, and all other circumstances and
conditions that it deems material, including any financial
assurance information.
5)Requires the State Water Board, following completion of its
required investigation, to issue or deny the permit for a
public water system. Authorizes the State Water Board to
impose permit conditions, requirements for system
improvements, and time schedules as it deems necessary, to
ensure a reliable and adequate supply of water at all times
that is pure, wholesome, potable, and does not endanger the
health of consumers.
6)Requires any person who owns a public water system to ensure
that the system complies with drinking water standards.
7)Permits the SWRCB to delegate drinking water quality
enforcement to a "local primacy agency" as defined.
FISCAL EFFECT: Unknown.
COMMENTS: Requires a person submitting an application for a
permit for a proposed new public water system to first submit a
preliminary technical report, with specified information, to the
State Water Resources Control Board (SWRCB) at least six months
before initiating construction of any water-related development.
Authorizes the SWRCB to deny a permit for a new public water
system under specified conditions.
1)Author's statement: When Californians turn on their water at
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the kitchen sink, they assume that it's safe, quality drinking
water that meets all the government standards. But in many
communities, especially those connected to the small public
water systems, the high quality of drinking water should not
be taken for granted.
California has more than 7,600 public water systems and these
smaller systems can be challenged over the long term by their
lack of technical, financial and managerial abilities.
This bill gives the State Water Board a stronger role in
ensuring such systems are not approved if they are
unnecessary.
SB 1263 will limit the proliferation of new, unsustainable
public water systems by creating a strengthened review process
for new system applications. With its requirements for a
preliminary technical report, SB 1263 will strengthen the
public water system permitting process by systematizing and
making more transparent the analytical due diligence that
developers typically do.
2)Background: California has a challenge providing safe drinking
water to all of its residents. The SWRCB is responsible for
the state's drinking water program and estimates that 500
communities rely on public water systems that do not meet
drinking water standards. We do not know exactly how many
Californians lack access to safe drinking water on a daily
basis, but it is on the order of millions of people.
Drinking water contamination disproportionally affects
disadvantaged communities that rely on groundwater as their
drinking water source. Many small communities do not have
the technical, managerial, or financial capability to operate
what can be complex drinking water systems.
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The SWRCB has primary enforcement authority to enforce federal
and state safe drinking water acts, and is responsible for the
regulatory oversight of about 8,000 public water systems
throughout the state. Enforcement authority for approximately
5,500 small water systems, defined as systems with under 200
service connections, has been delegated to local health
officers through local primacy agreements.
The SWRCB primary authority lies in approving or disapproving
a permit for a new public drinking water system. Once a
drinking water system is in place the actions that can be
taken to address problems with the system become more limited.
Under existing law the evaluation for approval of a permit is
focused on the immediate ability of a proposed new public
drinking water system to meet standards. Existing law is not
clear on the authority of the SWRCB to evaluate the ability of
a proposed new public drinking water system to meet drinking
water standards prospectively.
This bill would allow the SWRCB to exercise greater evaluation
over a proposed new public water system. The submission of
the required information in the technical report six months
prior to the submission of a permit application will give the
SWRCB the information necessary to make an evaluation of the
ability of the proposed new public water system's water
supplies to meet drinking water standards for the foreseeable
future. The bill also gives the SWRCB the authority to deny a
permit if a determination is made that the proposed new system
will not be sustainable into the future.
3)Suggested Technical Amendments: Committee staff suggests the
following technical amendments.
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a) On page 6 lines 9-31 the bolded italicized language
should be added as follows:
(1) If an existing public water system has not already sought
annexation of the service area of a proposed new public water
system from the local agency formation commission or the
applicant has not already sought an extension of services
agreement from an existing public water system, direct the
applicant to undertake additional discussion and negotiation
with any existing public water system meeting the requirements
of paragraph (1) of subdivision (c) that the state board
determines has the technical, managerial, and financial capacity
to provide an adequate and reliable supply of domestic water to
the service area of the proposed new public water system. The
state board shall not direct the applicant to undertake
additional discussion and negotiation if documentation submitted
to the state board demonstrates that additional discussion and
negotiation is unlikely to be successful, including, but not
limited to, documentation that a local agency formation
commission has already denied the application for an extension
of service or annexation, or that the existing public water
system has declined to apply to the local agency formation
commission for approval of an extension of services to, or
annexation of, the service area of the proposed new public water
system.
b) On page 6 lines 37-39 the bolded italicized language
should be added as follows:
(f) (1) An applicant shall comply with the state board's
directives as assigned in and consistent with subdivision (e)
before submitting an application for a permit for a proposed new
public water system under this chapter.
c) On page 8 in lines 1-13 the bolded italicized language
should be added as follows:
3) The state board shall promptly acknowledge receipt of a
written notice described in paragraph (2). The state board
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shall have 30 days from the acknowledgment of receipt of
the written notice to issue a written notice to the
applicant that compliance with the requirements of this
section is necessary and that an application for a permit
of a new public water system under this chapter is not
complete until the applicant has complied with the
requirements of this section. A determination by the state
board that compliance with the requirements of this section
is necessary shall be final and is not subject to review by
the state board. A determination by the state board
pursuant to this subdivision is not considered a project
subject to Division 13 (commencing with Section 21000) of
the Public Resources Code.
1)Prior and Related Legislation:
a) SB 552 (Wolk), would authorize the SWRCB to contract
with an administrator to provide administrative and
managerial services in specified disadvantaged
communities. To be heard in this committee on June 28,
2016.
b) SB 88 (Committee on Budget), Chapter 27, Statues of
2015, authorizes the SWRCB to order water system
consolidation or extension of services.
1)Supporting Arguments: This bill will place reasonable
standards on new small public water systems throughout the
state by enhancing the permitting procedure required. This
bill specifically includes a discussion of existing nearby
water systems, proposed sources of domestic water, estimated
costs of development and long-term operation and maintenance
relative to other options. This will help strengthen the
permitting process and limit the proliferation of small,
unsustainable systems. This will be an important tool for
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providing access to safe drinking water.
REGISTERED SUPPORT / OPPOSITION:
Support
California League of Conservation Voters
Clean Water Action
Community Water Center
East Bay Municipal Utility District
Environment California
Environmental Working Group
Leadership Counsel for Justice and Accountability
Lutheran Office of Public Policy - California
Natural Resources Defense Council
Sierra Club
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Tri-City Ecology Center
Union of Concerned Scientists
Opposition
None on File
Analysis Prepared by:Ryan Ojakian / W., P., & W. / (916)
319-2096